Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A licence or
exemption can not —
(a)
authorise any practice to be carried on except under the supervision of one
individual as the licence supervisor; or
(b)
apply in relation to premises other than such as are specified in the licence.
(2) It shall be the
duty of the licence supervisor to secure —
(a) that
the other persons to whom the licence applies are of such character, and are
so qualified by training and experience, as to be suitable persons to
participate in the practice authorised by the licence;
(b) that
proper equipment is used;
(c) that
proper arrangements are made for the keeping of human gametes, human eggs
undergoing fertilisation and human embryos and for the disposal of any such
gametes, eggs or embryos that succumb;
(d) that
suitable procedures are used in the course of treatment; and
(e) that
any terms, conditions or directions applicable to the licence are observed and
complied with.
(3) Where a person is
permitted by a licensee to conduct, supervise or manage any reproductive
technology practice, or any storage, for which a licence is required under
this Act, that person may, for the purposes of any disciplinary proceedings or
proceedings for an offence under this Act, be deemed to have been the licence
supervisor in relation to that practice.
(4) It may be made a
condition of a licence or exemption that a reproductive technology practice,
or specified activities of the practice, shall not be carried on in the
absence of a specified person.
(5) Except where the
CEO has given prior approval to the temporary absence of the licence
supervisor, if for any reason the licence supervisor in relation to any
licence or exemption is not to carry out that function, the licensee shall
forthwith give notice to that effect to the CEO.
(6) Where the person
specified in the licence or exemption as the licence supervisor ceases, or is
to cease, to carry out that function and the licensee proposes to appoint or
employ some other individual to carry out that function the licensee shall
give notice to that effect to the CEO who may, within 7 days after
receiving the notice of the proposed appointment or employment of any
individual as the licence supervisor in relation to any licence or exemption,
notify the licensee that the individual proposed does not have the approval of
the CEO, and on receiving such a notice from the CEO the licensee shall
terminate any such appointment or employment with effect from a date not later
than 21 days after the date of the notice.
(7)
Where —
(a) a
requirement is made of a licensee under this Act; or
(b) an
element of a contravention of this Act is an act or omission on the part of a
licensee,
the licence supervisor
in relation to the licence or exemption in question is, subject to
section 53(1)(b), liable accordingly.
(8) Where a person
appointed or employed as, or deemed to be, the licence supervisor in relation
to any practice resigns or for any other reason ceases so to act, the licensee
remains, and —
(a) in
the case of a licensee which is a company, the directors;
(b) in
the case of a licensee which is a body corporate other than a company, the
committee of management; and
(c) in
any other case, such persons as occupy a position of authority in the affairs
of the licensee,
jointly and severally
remain, liable for the conduct of the practice.
[Section 51 amended by No. 17 of 2004
s. 34; No. 55 of 2004 s. 540; No. 28 of 2006 s. 270.]